S.I. No. 627/2005 - National Salmon Commission (Terms of Reference) Order 2005

S.I. No. 627 of 2005

National Salmon Commission (Terms of Reference) Order 2005

I, Pat the Cope Gallagher, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 55D (inserted by section 22(1) of the Fisheries (Amendment) Act 1999 (No. 35 of 1999)) of the Fisheries Act 1980 (No. 1 of 1980) and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 )), and the Marine (Delegation of Ministerial Functions) Order 2004 ( S.I. No. 703 of 2004 ), hereby order as follows:

1.         This Order may be cited as the National Salmon Commission (Terms of Reference Order 2005.

2.         The terms of reference for the National Salmon Commission are as set out in the Schedule to this Order.

Schedule

Terms of reference for Commission

1.         To consider how best the wild salmon resource may be managed, conserved and exploited on a sustainable basis, having regard in particular to Government policy.

2.         To consider what conservation management mechanisms might be required to achieve the alignment of national and district total allowable catches and quotas with scientific advice given to it by the Standing Scientific Committee not later than 31 March 2007.

3.         To propose how an objective balance between competing interests in the salmon fishery may be obtained within the framework of the conservation management mechanism as necessary.

4.         To engage, as appropriate, in a proactive dialogue with representatives of bodies and organisations prescribed for the purposes of section 55A(2)(b) of the Fisheries Act 1980 and other relevant persons and objectively evaluate any proposals they may have to achieve the alignment referred to in paragraph 2, having regard to the conservation management, protection and development of the national salmon resource and to make practical recommendations to the Minister in this regard.

5.         To consider in relation to the making of any practical recommendations under paragraph 4 the following points:

(a)        best practice internationally,

(b)        technical rules such as net size, lure type, etc.,

(c)        enforcement measures,

(d)        catchment management,

(e)        compensatory measures, including detailed costings of them, and details of how they are to be resourced,

(f)        adjustments to fishing seasons,

(g)        national obligations under relevant legislation of the European Communities,

(h)        how the work of the Standing Scientific Committee may be better coordinated so that its scientific advice to the Commission reflects the needs of individual ecosystems,

(i)         how the private sector may best contribute to the promotion of effective management, development, sustainable exploitation and conservation of wild stocks of salmon, and

(j)        a timeframe within which the Commission considers specific recommendations should be implemented.

6.         To have regard, without prejudice to paragraphs 4 and 5, that any recommendations that may be made in relation to any compensatory measure must be predicted on the basis the Minister will not contribute to any finding that may be required for any measures that may be recommended, unless a public good is identified, justified and quantified.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This regulation prescribes terms of reference for the operation of the National Salmon Commission.